New York Americans With Disabilities Act Legal Questions

Maybe. Your question is an interesting one. The answer may differ depending on whether New York State or federal law applies. Under New York's revised Human Rights Law you may have a stronger argument for an accommodation, especially since October 11, 2019 when the new HRL kicked in. Remember that work hours as well as work days are determined on a case-by-case basis. We have a fairly recent case in the W.D.N.Y. federal court, Lewis v. Livingston County Center for Nursing and Rehabilitation, 30 F.Supp.3d 196, 209 (W.D.N.Y. 2014) where a federal district judge in Buffalo, correctly I believe, ruled that "mandation", where a nursing home demands overtime as an essential function of a CNA's job, cannot automatically determine that overtime is absolutely necessary without examining the facts of the particular case and the hours which the employer alleges are necessary on an employee's particular job for that particular employer. Reasonable accommodations and the interactive process can get a little tricky. Sometimes employees think that their situation is a slam dunk win where an employer cannot demand overtime or specific days to work or long hours in violation of reasonable accommodations and they are wrong. Sometimes an employee's specific condition may not qualify or the condition may be sufficiently controlleded with medication. Sometimes physicians disagree. Sometimes the particular combination of ailments might not qualify. It depends on a comprehensive analysis of each particular situation, an employee's work history, the specific job duties, the staffing needs of a facility, the hardships created, the duration of an accommodation, pandemic factors, etc... It can get fairly complicated. Sometimes employers refuse to even engage the interactive process because they have insufficient information to determine that such a process is even necessary when an employee is certain that it is. It all depends. So, your facts sound, on their face, like ones where an employer might possibly need to accommodate but your accommodation might not be the one which flies in the end. More information is needed and sometimes employers dig in and refuse. You should probably call some employment lawyers. Many serve the entire state, no longer meet in person with clients, and do a bang-up job representing all types of health care workers long distance. All of these cases require a substantial time investment. Call around. Call many employment lawyers and before you retain one make sure they truly care about you and about what they think they might be able to do for you. Good luck. Interesting facts.  ... Read More

Every employer with 15 or more employees must provide reasonable accommodations which do not cause the employer an undue hardship. If the equipment you need has been provided to others then it should be provided to you. However when employees work from home they often use some of their own equipment. Ask whether this employer has policies, written, which describe what it's expectations are. Employers who have concerns about the confidentiality of their information often provide equipment because they have more control over such information. The ADA interactive process is a give and take. It works best with amicable negotiation. It was not designed to force employers to incur expenses which it's business model does not support. It's great that this business wants to help the disabled. Ask them to tell you how that usually works for them and negotiate.... Read More